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(영문) 서울중앙지방법원 2015.03.12 2013가단5161758
주위토지통행권확인등의 소
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The current status of land (1) Plaintiff A owns the land (1) 359 square meters in Gyeonggi-gun J. 359 square meters in Gyeonggi-gun, Plaintiff B, Plaintiff C, Plaintiff C, and Plaintiff D, the land number of which is 433 square meters in large scale and 497 square meters in large scale (hereinafter referred to as “each land”), the area is omitted, and the land owned by the Plaintiffs is collectively referred to as “each land of this case”).

Defendant E owns 465 square meters in G, and Plaintiff F owns 465 square meters in I, and the Defendants own 1/2 equity of H large 15 square meters in each of the 15 square meters in each land (hereinafter referred to as “each land”). The size is omitted, and the Defendants’ land is collectively referred to as “each of the instant dispute land.”

(2) The land of this case and the land of this case are NN (hereinafter referred to as the “instant road site”) as shown in the attached Form No. 1 to the south of each of the instant land, and there is an O road (hereinafter referred to as the “instant road site”) thereafter, there is a river (P,00, hereinafter referred to as the “instant river”).

B. (1) The status of use (1) Plaintiff A owns each house on J land, Plaintiff C owns each house on land, Plaintiff D owns each house on land, Defendant E owns on G land, and Defendant F owns each house on land.

(2) At the time of dividing each of the instant lands and each of the instant disputing lands, permission was granted for the instant road to be used as a road in the complex at the time the building permission was granted, and a bridge crossing the instant river between the G site and the I site (hereinafter “instant bridge”).

(3) According to the passage of time, the scope of the instant river was expanded to the site of the instant road and the passage road of the instant road. The entire site of the instant road and part of the instant road site were lost by the river, and the instant road site adjoins the instant river.

(4) The width of the instant road site abutting on the G land owned by Defendant E is approximately 2m wide, approximately 84m wide, and the narrow place.

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